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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make money often rely on their benefits. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal air carrier collision has won a major victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans disability lawyer, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He would like the VA to compensate him for the benefits it has not provided him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however the discharge he received was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as possible. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence used to justify your claim and present additional evidence, should it be required. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This can be a significant advantage in your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your medical condition. A medical professional, for example, may be able prove that your pain is caused by the injury you sustained while working and is disabling. They might be able assist you in getting the medical evidence you need to support your claim.